CategoryBlogs

Abstract Federal law has long prohibited insider trading in securities such as stocks and bonds. Yet many other financial assets—particularly derivatives and commodities—have historically fallen outside those rules. This Article asks why insider trading is penalized for some assets but not others. It argues that the goals of insider trading law are often pursued through alternative mechanisms...

Abstract Criminal defendants increasingly face the risks of digital evidence. These risks include intentional manipulation, accidental alteration, and even the threat that visual displays like footage or data visualizations lure viewers into an unquestioning acceptance of events as they seem to have unfolded. Some scholars have deemed the U.S. evidence system responsive to issues like intentional...